Delayed But Not Deterred!

Today's hearing didn't end like we'd hoped. My understanding is that this matter has been continued to October 15. I'll post links to what happened today as soon as the facts are known.

Will Kimkins Founder Heidi Diaz Face the Music Today?

As I'm writing this, the big court hearing is about one hour away. During the discovery phase, huge volumes of evidence of fraudulent marketing for the Kimkins diet were compiled. Heidi Diaz' lies are carefully documented, including some big fat confessions when it became impossible to maintain the lies. This evidence took a couple of years to compile, by dozens of dedicated volunteers outraged at the deception (not to mention the dangerous diet itself). This evidence was pretty hard to find, thanks to the lies about lies about lies!

So much evidence was collected that now there is a motion for summary judgment to be evaluated in court today. Basically it says that there is so much evidence that it would be best to quit belaboring this thing and just get to the conclusion right away. I do hope that the judge rules in our favor! If he doesn’t, that certainly doesn’t signify defeat. It will just mean we need to continue being patient.

So many people have been hurt by this woman, and financially she benefited significantly from her lies and bullying and 'mistakes'. From my perspective, they were not mistakes but were calculated decisions made for only her own benefit. It's time for that to stop!

Thanks to everyone involved in this fight!

Here's the first news story I've found about today's court action:
Guru Sued for Alleged Diet Scam

Countdown To Kimkins Summary Judgment Hearing

Big court date for Kimkins coming up!

It's August and the Heat is ON!

Upcoming Kimkins court action:

08/24/2009 8:30 AM DEPT. 05 HEARING RE: MOTION FOR SUMMARY JUDGMENT ON 3RD AMENDED COMPLAINT OF JEANESSA FENDERSON

I don't think I'll ever listen to this song the same way again!

Kimkins Class Action Lawsuit Update: Motion for Summary Judgment Filed

I don't know anything about lawsuits. If you'd asked me two years ago if we'd still be waiting, I'd have said no way since the evidence is so overwhelming! It's amazing how slowly the wheels of justice have to turn. Of course, having a defendant and her two attorneys trying their best to slow things down as much as they can, these things happen I guess!

We're reaching the point we've all been waiting for. John has filed the motion for summary judgment. You can read about it here. Apparently the carefully collected and catalogued evidence is laid out in a very thorough motion to the courts. It hasn't been posted at the court site just yet, but I can't wait to read it all! I imagine there are details I've forgotten in this long journey!

If you want to read the motion, keep an eye out at the Riverside County Court website. Select Case Name Search. Search for Diaz, Heidi. The case number is RIC483005.

Class Certified!

The judge certified the Kimkins class for the lawsuit. (Again, thanks to the bankruptcy stall tactic.)

The next big court date is June 8. Not long to wait this time!

Thanks, John! You do such great work!

Today is a big Kimkins court day!

Today is the day the judge will evaluate the certification of the class again. It was certified earlier in the year but voided (that may not be the right term) by Heidi's attempt to declare bankruptcy. The bankruptcy was rejected, so we're headed back to court.

The evidence is all on our side, and John is ten times the attorney Peabody is, but it couldn't hurt to keep your fingers crossed!

Kimkins Goes Viral

Heidi Diaz promotion of Kimkins has reached a new level recently, as she's apparently discovered the power of social networking sites. Kimkins is on Facebook, MySpace, Twitter, LinkedIn and more. She's even on a site where you can hire people by the minute for advice. Her uhhhhhhh.... marketing... is spreading faster than the plague. I hope the truth is easy enough to find now that not many more people will fall for the scam. (Hint - don't invest $80 on a diet site that's facing class action lawsuit and bankruptcy!)

Read Becky's commentary at the Winning Weight Loss blog:
When Social Networking is Social Contagion

(Becky, it's good to see you blogging again!)

For more commentary about viral marketing, read this:
The fascinating plague of viral marketing

Kimkins Bankruptcy Case Dismissed

The bankruptcy case has been dismissed. Hopefully this means the class action lawsuit can resume ASAP!

I guess the bad guy doesn't always win!

Diaz Case is Dismissed

Heidi Diaz Bankruptcy Dissed and Dismissed

What's Heidi Pushing Now?

Anything for a buck, I tell ya. On her blog, expert dieter Heidi Diaz is now promoting Alli, exercise equipment, workout DVDs and diet supplements. Now tell me, why would anyone need any of those things if the Kimkins diet was all she said promotes it to be?

John Tiedt scores! 7 times!

What is 7 scores? Double hat trick with a cherry on top?

All seven of the motions to quash were granted today. Heidi Diaz' attempt to intimidate the Kimkins class action lawsuit plaintiffs via a counter-suit just went down in flames.

Way to go, John Tiedt!

Ya snooze, ya lose...

Ya snooze, ya lose... That would make a good blog post - how getting enough quality sleep helps you lose weight! But that's not what this is about.

Last week, Heidi Diaz failed to appear for her court date regarding certification of the class for the fraudulent marketing lawsuit for the Kimkins diet website. That didn't turn out well for her. Class certified. Go John Tiedt!

She also didn't respond by the deadline to the motions regarding lack of jurisdiction over the people served in her idiotic counter-suit. John is on top of it - of course! Due to non-opposition, the motion to quash should be granted. Go John! She can't blame her attorney for this one, since she's now representing herself.

The counter-suit intimidation tactic isn't turning out very well for Heidi.

Kimkins Lawsuit - Thank You to Everyone!

To Jeanessa:
Thank you so much for getting the ball rolling!

To the lawsuit principles:
You stood up for what you felt was right. You became targets of the counter-suit. Because you took a stand, it is likely justice will be served!

To John Tiedt:
You are a good man, doing a wonderful job fighting for what you think is right. I know you'll never be compensated adequately for how hard you are working and the personal sacrifices you are making.

To the ducks, sleuths, bloggers and cheerleaders:
Thank you for getting the word out so others might not be scammed. Thank you for sacrificing your time to dig relentlessly, gathering overwhelming evidence. Thanks for standing up to everyone who told you to shut up and that you were wrong, liars, haters, etc.

To LowCarbFriends:
Thank you for providing a place for people to gather and communicate. Without it, I'd have missed out on making a lot of new friends. And without it, it would have been so much harder for us all to work together. Thank you to the moderators for staying out of it when things got heated, and stepping in when things got too vicious.

Thank you also to all the people behind the scenes who take the time to receive, organize, catalog and fetch exactly what John needed whenever the need came up.

The case isn't over yet, but this week's class certification is a major, major milestone, and we deserve to celebrate!

PS: I hope I didn't leave anyone out!

Kimkins Class Action Lawsuit - CERTIFIED!

It's a long process, but it works!




Case RIC483005 - FENDERSON VS DIAZ
Action:

HEARING RE: MOTION TO/FOR CLASS CERTIFICATION * BY JEANESSA FENDERSON
01/14/2009 - 8:30 AM DEPT. 04

HONORABLE MICHAEL B DONNER, PRESIDING
CLERK: L. HALL
COURT REPORTER: T. FOSTER
JEANESSA FENDERSON, KARIN BILLECI, TRISTA ESSEX, HEIDI MARTINEZ, KATHLEEN ROGERS, DIANA SHERBY REPRESENTED BY MICHAEL L COHEN A PROFESSIONALLAW CORP - JOHN TIEDT PRESENT.
MOTION FOR CLASS CERTIFICATION IS GRANTED.
FORMAL ORDER TO BE PREPARED, SERVED AND SUBMITTED BY COUNSEL FOR PLAINTIFF

Well, well, well... there's a new diet site on the market!

I won't link to it here because I don't want to provide backlinks, but it's called Simple Choices Diet.

Go ahead. Guess who owns it!

I have this little visual in my mind, of Heidi facing the bankruptcy attorney, wearing the same red jacket she wore for her famous 'is it too late to take that back' deposition. She'll tell the judge that if he'll just clear her from her financial burdens, she'll never need a 4th bankruptcy because she's starting another diet website. An honest one this time. Except wait, there's more... the owner of the trademarked Simple Choices Diet isn't too happy about her alleged infringement. Maybe she'll say her new diet site is MOSTLY hontest.

Think he'll buy it?

Considering Kimkins? NOT SO FAST!

Hold on to your wallet! Kimkins (Heidi Diaz) filed for bankruptcy yesterday. This is her 3rd one. Just months after buying a $400K house and a couple of cars for cash. There's something unfair about that, don't you think? She allegedly schemes, racks up debt, and leaves her creditors holding the bag. If you're considering a new diet for 2009, Kimkins isn't it! She doesn't deserve your money, her diet is junk, and you'll be out $80 and looking for a new forum when the Kimtanic sinks.

This puts other litigation against her on hold, unfortunately. The class action lawsuit for fraudulent marketing, the suit filed by the city of Corona, and the student loan lawsuit. She's bought herself some time, though I'm not sure what for. (Maybe she's trying to get her next diet website off the ground - remember, she promised she was going to do that if Kimkins went down!) If she was so sure she was going to win and keep the $2+ million she pocketed marketing a diet that doesn't work long term, using photos of Russian brides, it seems like she'd want it all over. At any rate, this weeks court dates are postponed. I guess that's why she doesn't need her attorney any more. I wonder what happens when you default on payments to an attorney? Yeouch.

At any rate, I wonder how the judges involved are going to view this move? I can't wait for the next chapter.

Related posts:
Kimkins.com goes to court to declare bankruptcy
Magicsmom’s Musings: Heidi Diaz files bankruptcy!
What Makes a Credit Criminal?
S.O.S.
What a Tangled Web